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RUNKLE v. BURLINGTON NORTHERN

No. 14629.

613 P.2d 982 (1980)

Donna R. RUNKLE, Individually and as a personal representative, Plaintiff and Appellant, v. BURLINGTON NORTHERN et al., Defendants and Respondents.

Supreme Court of Montana.

Decided June 16, 1980.

Rehearing Denied August 5, 1980.

Attorney(s) appearing for the Case

Hoyt, Trieweiler, Lewis & Regnier, Great Falls, John Hoyt, argued, Great Falls, for plaintiff and appellant.

Kroschel, Peterson & Koolen, Billings, Kent Koolen, argued, and Gary Peterson, argued, Billings, for defendants and respondents.

SHEEHY, Justice.

Appeal is by the plaintiff from a judgment entered in the District Court, Nineteenth Judicial District, Lincoln County. For the reasons hereafter stated we reverse and remand for a new trial.

On March 24, 1976 at about 9:00 p.m., a Burlington Northern freight train and a jeep pickup driven by David Runkle collided at the Third Street crossing in Troy, Montana. Third Street is an asphalt roadway running generally in a north-south direction...

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